California Unemployment If You Get Fired

Generally, in California you have to have lost your job through no fault of your own in order to collect unemployment.

In most cases, this means that if you get fired, you cannot collect unemployment benefits.

If you get fired from your job, you should go ahead and apply for unemployment benefits, because there are some cases where you can be fired from your job and still get benefits.

If you feel like you were fired unfairly, or there were extenuating circumstances, be sure to tell you unemployment counselor about them. If your unemployment application is denied because you were fired, you also have the right to appeal the decision.

Still Have Questions?

To go back to the FAQ Page, click here: California Unemployment FAQ

To go the main California Unemployment page, click here: California Unemployment

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Comments  

 
# Bonnie 2011-02-14 17:55
While looking for a full time position, I took an on-call position with a probationary period of 90 days. After 33 days (which was less than working 9 days in that period), they determined that I was "not a good fit" for the position. They checked the box "termination", but there was no warning or disciplinary action involved. I continue to look for full time employment. Will this termination invalidate my claim?
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# Jennifer 2011-03-22 15:50
I just had a baby 5 month ago and i went under depression and had to miss about a week of work and i brough the doctors note to HR and still gave me 5 points because i did not have time on the books. Being i was in the job less than one year i did not qualify for the fmla. i also, had a car problems and i had points so if get fire for that would i get unemployement? thanks,
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# John 2011-04-05 13:55
I am currently working in car Sales at a dealership for 1 year, 9 months. Over past months, they had hired so many, there are a total of 18 sales people on the floor. They have saturated workplace and now we earn less from customers coming through doors because we are on commission. Since sales are low, I get 3 warning; last one saying "Final/termination." Meeting with managers and they strongly suggest I Quit and said I am still eligible for Unemployment, and kept hammering me to quit. I said I like working here and continue to try.I refused.Since they cannot get me to quit, they said they will talk to HR and Fire me. Question: am in eligible? If they fire me, shouldnt they do that immediately if it is my fault and they are not happy with me instead of having me continue to work and wait for HR to fire me? Thanks for your advice.
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# mary 2011-04-28 19:26
I need to know if u get fired for being late can u reciece uemployment? in california
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# Justen 2011-05-24 19:02
I work at a food restaurant and my manager said the supervisor and district manager is coming in and wants to have a meeting with me about why our restaurants comps are so high. Will I get fired?
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# your stupid 2012-10-22 16:08
YES, your an idiot and deserve to get fired for asking such a dumb question!
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# heidi 2013-01-16 21:27
And you can't spell.
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# jesse 2011-05-26 18:13
ive worked at a big auto parts store for almost 3 years, they recently transfered me to another store and they can not give me the same schedule as I had for almost 3 years and that is being off at 5pm the latest because I have to pick up my niece from school and 5:30 os the latest I can pick her up, she is lije my daughter because my sister gets off of work too late. like I said I have been getting off of work at 5pm for almost 3 years and out of no where I get transferred to another store (without good reason) and they said sorry that I couldnt get off at 5pm, can I get unemployment for this if I quit or or get fired? this is in california.
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# Karla 2011-07-15 14:57
Ok, so I'm originally from Chicago, I married a marine & we have 2 children so I have no family or help to watch them if I'm scheduled to work while my husband is away. My job- management doesn't seem to understand that I can't make a shift, even trying to change my availability, they denied it. I'm only part time, if I quit or get fired will I be able to collect unemployment?
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# Doug 2011-07-20 21:45
In california. I was fired for drinking wine while on the clock. I wasn't caught acually drinking but was the only one around the bottle they were montering. I didn't argue about the firing because of the work environment and several lies I was told during the interview process(involvi ng raises and medical benifits. Am I able to receive unemployment or will i be denied
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# Matt 2011-11-02 19:51
I'm currently working on terminating and employee of mine who is not performing her expected job duties, breaking company policies (such has using her cellphone in public, fraternizing with lower employees), showing up late or without keys (she's an assistant manager), amongst other things. The major consensus amongst the rest of management is she's trying to get fire on purpose so she can collect unemployment. What do I need to prepare in order to fight the inevitable unemployment claim by this employee once she is terminated, and how would I go about collecting the information I need? Will just write-ups suffice? Do I need employee testimonies? Video or photographic proof? We are at-will employment, she is a single mother with two kids, if that helps at all. Thank you!
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# marie 2011-12-07 11:47
I was fired for eating oatmeal behind the register while on the job and did not receive a warning what so ever. I was automatically written up and fired. Will I be able to collect unemployment?
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# Jaime 2012-02-26 22:09
So this is how it all happened. It was time for my lunch but was not done reorganizing some stuff i asked my maneger if i could clock out for lunch and go back to work and finish reorganizing everything real quick. so i was terminated beacuse of this and there was a similar incident a few years back so this was my second time getting suspended for this. the next day i got called in to the office and said i was terminated because of what i had done i told them that u had notified my maneger and she said it was ok, so they asked my maneger if this was true and of course she denied it. So i was terminated, i tried filing for unemployent but i was denied, now im in the process of appealing it. what can i do in my situation ?
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# Justin 2012-03-18 12:41
I was getting sick and also my little girl was getting sick and I called in a few times even though with a doctors note I still received points and possibly termination.. Will I qualify for unemployment ???
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# Michele 2012-03-24 15:37
I live in CA. My husband's boss never pays him on time. He gets paid salary and payday is supposed to be Friday. Sometimes we wait until Thursday of the next week. If my husband tells his boss that he needs to be paid on time and the boss tells him to leave, that he's fired, would he be eligible for unemployment?
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# Chan 2012-04-24 13:28
If I quit because of my health issues will I be able to get unemployment? The health problem is back pains and I work in a warehouse.
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# ricky 2012-04-29 19:51
i was dismissed from my job due to an injury i recieved in a car accident.this injury caused me to be unable to work (by ER doctors orders) for almost 2weeks. my employer replaced me with a new employee when i was recovering and they told edd i abandoned my job! i have proof of my injury and proof that i notified my employer before my shift that i would not be able to work for a period of time due to my injury. my employer is contesting my claim and the state giving me UI benefits by sayin it was job abandonment. this is bs cuz i notified them that i was injured and wont be capable of working for 2 weeks. will i be awarded benefits u think? especially since i have proof of everything in emails. IMO.. an injury was something i had no control over so how could i be "at fault" and this situation cause me to be LEGITIMATELY terminated from employment????? it seems like an open and closed case to me. i dont see how i did anything to deserve being fired. WHAT DO YOU THINK??? please reply with your comments on my particular situation. thanks everyone!
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# Sam 2012-05-13 18:00
My son live and works in California. His boss totally abuses him. He calls him names, swears at him and constantly threatens him. He continuously says if he does one more thing wrong, he will be fired. This IS done in front of others. There are days he does not get lunch or breaks. He would like to move on, but since he works from early morning until late into the evening, he has not had the opportunity to search for another job. His field is saturated and it will be difficult to secure another position. Unemployment will be very important while he looks for another position. Is he going to be qualified for unemployment if he is fired? quits? Thank you for your advice.
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# Anabella 2012-05-14 16:47
i have two part time jobs and im getting termintated from one because they can no longer pay us. will i be able to file for unemployment even if i have another job?
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# Sagit 2012-05-20 16:26
I worked for a company for more than 5 years. In the last 6 months, we have a new and younger manager and noticed that she started to write me up for simple mistakes. It was followed by a second one but since I do not agree with most of her write ups, I did not sign it. Recently,HR told me I was discharged effective June 1, 2012 but my last day was May 15, 2012. According to the letter they gave me, my separation is due to ongoing performance issues that are unacceptable at my level and experience. HR verbally told me that they are not going to challenge if I collect unemployment. The question is, do I have a valid reason to collect unemployment?
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# giselle 2012-06-21 17:21
I have worked as a part time retail associate for over seven months. I am being told I am facing termination because they do not like my hair color and refuse to acknowledge that I am a cosmetology major and my hair is my guinea pig for class. It is the same color it was when they hired me in the beginning and they had no problem with it then. Would I be able to file a claim if and when they terminate me?
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# Jill 2012-06-29 10:08
I was "let go" and I was told that within a 30 day period "some of my results were not met". Based on the following factors I belive I was "let go" abruptly and without merit:
1) Agreed to work outside my job title; their decicision was based on this ancilary work. 2) The basis for "firing" me was on erroneous data. 3) Outcomes communicated when goals were set (30 days prior) did not include probable termination. 4) I have retained documented data qualifying/affirming my goals were met and/or exceeded.

Thank you for providing your expertise and insight.
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# Simona 2012-07-14 14:08
I have been employed with my company for 2 and 1/2 years. During that time i have had absences due to illness, been off for 2-3 weeks at a time for 2 seperate surgeries, which were approved time off. Subsequently, i have been ill due to a serious medical condition and have missed a few days to a week per month. I am going to apply for FMLA, but I am worried that before FMLA gets approved they will fire me due to absenteeism which goes against company policy. If I get fired due to absenteeism which is due to illness (with doctors notes), will I still be able to get paid unemployment benefits in the state of California?
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# Faith 2012-08-25 19:57
I have been off work due to a work related injury for 1 year but was just released back to work...my problem was not yet resolved and am still unable to work without pain. I am missing a lot of work due to excessive pain...I am worried I will be fired soon because of this..will I be eligible for unemployment? I can work, I just can no longer work this particular kind of job. Also, if I do qualify would they use my previous work hours to figure my benefits or will they be using my previous workmans comp benefits to figure it out?
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# Meliss 2012-09-13 21:10
I quit my job because I found another job. I have now been at my new job for over a month and they are telling me that I am not meeting the qualifications for the job like they thought I would. I am not doing anything against policy, but I am just not as fast or knowledgeable as they wanted. I am worried they will fire me. would I qualify for unemployment in this circumstance?
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# Liz 2012-09-21 14:27
I was on maternity leave from June 11- September 18 and before my leave ended I spoke with my boss about returning but with less hours. I had previously had a full time position with up to 40 hours a week and I was now seeking between 30-36 hours. she said she did not want to do this and that she would "let me go so I can collect unemployment". I'm concerned whether this is a valid reason to collect UI.
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# mayra 2012-09-22 00:22
I was given until the end of the month to meet my average handle time metric or I could be let go. I was on an final a a few months back but I met my average handle time metric. If I get fired for this at the end of the month will I qualify for unemployment?
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# lin 2012-10-09 13:44
Hi,

I have a diff situation. I am stress because i have a phobia working with my supervisor. My Director forcing me to work with him,( supervisor). Because of that, i can not concentrate to work , have to see spychologist and make mistakes. I want to quit my job but i don't know if i can collect EDD or if they fire me, can i still collect EDD. please help.
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# steph 2012-11-21 14:39
If u are fired from a job and accused of receiving narcotics from another employee. Based on their statement can u receive unemployment? Does it matter if u signed a paper stating u were fired for this reason?
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# Anna 2013-05-03 16:51
Hello,
I have never dealt with a situation like this so I would appreciate any advice or knowledge anyone has on this subject. I just got hired at a restaurant as a food expediter/ busses (with their setup they don't have waiters) for about 2 weeks. I worked 3 full shifts (5 hours each), but had a problem on my fourth shift. About 2 hours into my shift, I went into the kitchen to introduce myself to the other staff that I hadn't met yet. I was shaking hands with one of them when the chef shouted at me "get the f*ck out of here!", I told him I would be happy to if he would ask me or he can make me if he likes but I won't be spoken to like that. Again, he shouted the same thing only louder this time. Plenty of people in the kitchen saw this exchange. Someone else interjected and led me out of the kitchen, diffusing the situation. I was upset but willing to move on but the chef was visibly worked up. A little bit later one of the two owners came up to me very worked up as well, saying that he was disappointed in me. I listened, apologized, and we went our seperate ways. I did not ask him what the chef told him had happened but it was obvious that it wasn't what actually had happened since I hadn't even raised my voice. A moment later the assistant manager came up to me and said mayb it would be best for me to take the rest of the day off and let this mellow out. I said that wasn't fair and that I hadn't done anything wrong. He agreed, and even said that the exact same thing had happened to him with the same chef when he was new there. I asked him specifically multiple times if they just wanted me to leave for the rest of my shift or was I losing my job over this. He shook my hand and verbally agreed with me that I would under no circumstance lose my job because of this and that he would see me at my next shift. I said bye to everyone, and left. A few days later, the day before I'm supposed to come in again, I get a call from an account or something saying that because the I-9 form was never entirely completed I never officially worked there so they can't pay me with a paystub check and will just be sending me a personal check to cover what they owe me. I took that as I was fired, obviously. I was wondering if they can do that because I did fill out all their forms, including a w-4 etc. I made a very small amount of money because of the short time I worked their but this doesn't seem right to me. I don't understand why and how they can say I never worked there if I have copies of the shift schedules with me on them, emails from them, etc. If anyone could help me I'd really appreciate it. Thank you.
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# angelica 2013-06-05 16:58
I have been on call at my job from the beginning of January until the end of April. on the first of may I was made permanent.. so now its June. am I able to get unemployment for the time that I was on call or do I have to be permanent. and what is the minimum amount of months that I can work and be eligible for unemployment?
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